Mr. Vanhoose presented
the petition of sundry inhabitants of Marion county, in behalf
of the jailer of said county; which was read and referred to the
committee on accounts and claims.

Mr. Jackson of L.
presented the petition of Wm. Kager and James

46

D. Graves, and sundry
inhabitants of Lauderdale county in their behalf, praying that
the said Kager and Graves may be relieved from the penalties incurred
by them, by a violation of the law to prevent gambling; which
was read and referred to the committee on the judiciary to consider
and report thereon.

Mr. Clay, from the
committee on inland navigation, to which was referred a petition
on the subject, reported a bill to be entitled an act declaring
Big Loss creek a public highway; which was read. Ordered,
That the bill be read the second time to-morrow.

Mr. Crawford, from
the judiciary committee, reported a bill to be entitled an act,
to provide a speedy remedy against the obligors in injunction
bonds; which was read and ordered to be read a second time to-morrow.

Mr. McCamy, from
the special committee to whom was referred a bill to be entitled,
an act to repeal in part and amend an act to alter the time of
appointing overseers of roads, reported the same as amended; which
was concurred in. Mr. Casey moved that the further consideration
of the bill be indefinitely postponed, which was carried.

Mr. Jackson, of L.
from the special committee to which was referred the memorial
to the Congress of the united States, praying further relief to
the purchasers of public lands, reported the same as amended;
which was concurred in. Ordered, That the memorial
be engrossed for a third reading to-morrow.

A message from the
House of Representatives, by Mr. Tunstall their clerk: Mr.
President, The House of Representatives have read three times
and passed, bills which originated in their House of the following
titles: to wit- an act to alter the time of holding the county
courts in the county of Morgan; an act for improving the navigation
of the port and harbour of Mobile; and an act to prohibit the
further granting licenses for gaming tables: in all of which they
desire your concurrence.

The three bills mentioned
in said message were severally read the first time, and ordered
to be read the second time to-morrow.

Mr. Jackson of L.
moved to take up the bill to be entitled an act establishing and
permanently locating the seat of government of the state of Alabama,
pursuant to the 29th section of the 3d article of the constitution.
A call of the House being demanded, the bill, according to a rule
of the Senate, was laid on the table for one hour.

A bill to be entitled,
an act to repeal an act entitled, an act to regulate the proceedings
in chancery suits, was read the second time. Ordered, That
the bill be engrossed for a third reading to-morrow.

On motion, Ordered,
That the bill to be entitled, an act supplementary to, and amendatory
of, the laws relating to executors and administrators, and for
other purposes, lie on the table; and that 50 copies thereof be
printed for the use of the Senate.

A bill to be entitled,
an act the better to secure money in the hands of clerks and sheriffs,
was read the 2d time, amended on Mr. Crawford's motion, and ordered
to be engrossed for a 3d reading tomorrow.

An engrossed bill
to be entitled an act to repeal in part amend an act entitled
an act to increase the compensation of jurors, passed December
31st, 1823, was read the third time and passed.

47

That the title of
the bill be as aforesaid, and that the same be sent to the House
of Representatives for concurrence.

A bill to be entitled,
an act to appoint a commissioner for the town of Monticello, in
the county of Pike, and for other purposes, was read the third
time and passed. Ordered, That the same be returned
to the House of Representatives, where it originated.

An engrossed bill
to be entitled, an act to repeal an act entitled, an act to abolish
the fictitious proceedings in ejectments, and for other purposes,
was read the third time and passed. Ordered, That
the title of the bill be as aforesaid, and that the same be sent
to the House of Representatives for concurrence.

Mr. Jones obtained
leave to introduce a bill to be entitled, an act to authorize
the sale of the 16th section in this state; which was read. Ordered,
That the bill be made the order of the day for a second reading
to-morrow.

Mr. Jackson of Laud.
called up the bill to be entitled, an act to repeal an act appropriating
the fines and forfeitures accruing in Madison county, to the benefit
of Green Academy. Ordered, That it be engrossed for
a third reading to-morrow.

Mr. Jackson of L.
moved to take up the bill to be entitled an act, establishing
and permanently locating the seat of government of the state of
Alabama, pursuant to the 29th section of the 3d article of the
constitution; which was carried- yeas 11 nays 10.

The yeas and nays
being desired, those who voted in the affirmative, are

Mr. President

Clay, Crabb

Gaines

McCamy

Powell

Brown

Crawford

Jackson of L.

Merriwether

Vanhoose- 11.

Those who voted in
the negative, are

Messrs. Ash

Bagby

Irwin

Jones

Skinner

Abercrombie

Casey

Jackson of a.

Miller

Sullivan- 10.

So the bill was taken
up.

Mr. Jackson of L.
then renewed his motion to fill the blanks in the bill, wherever
they occur, with the word Tuscaloosa, so as to fix
the seat of government at that place; which was carried- yeas
11, nays 10

The yeas and nays
being desired, those who voted in the affirmative, are

Mr. President

Clay, Crabb

Gaines

McCamy

Powell

Brown

Crawford

Jackson of L.

Merriwether

Vanhoose-11.

Those who voted in
the negative, are

Messrs. Ash

Bagby

Irwin

Jones

Skinner

Abercrombie

Casey

Jackson of a.

Miller

Sullivan-10

Mr. Casey again moved
that the Senate adjourn until to-morrow morning at 10 o'clock;
which was lost- yeas 8, nays 13.

The yeas and nays
being desired on the motion to adjourn, those who voted in the
affirmative, are Messrs. Abercrombie, Ash, Bagby, Casey, Irwin,
Jones, Miller, Sullivan- 8. Those who voted in the negative,
are Messrs. President, Brown, Clay, Crabb, Crawford, Gaines, Jackson
of A. Jackson of L. McCamy, Merriwether, Powell, Skinner, Vanhoose-
13.

48

The question was
then put, shall the bill pass? and determined affirmative- yeas
11, nays 10.

So the bill was passed.
Ordered, That the title be as aforesaid, and that the same
be sent to the House of Rep. for concurrence.

Mr. Brown offered
the following resolution: whereas, a law passed on the 31st day
of December, 1822, entitled an act, to revise, consolidate and
amend the several acts relative to the militia of this state which
act does not contain a repealing clause; and whereas, doubts exist,
with the militia officers of this state, whether the laws, passed
previous to the 31st December, 1822, are, or are not, repealed:-
Be it therefore, resolved, That the military committee
be instructed to inquire into the expediency of making some alteration
in the militia laws of this state, with leave to report, especially
on that subject, by bill or otherwise; which was adopted.

Mr. Bagby from the
special committee to which was referred the memorial of John Wood,
made the following report; The special committee to which was
referred the memorial of John wood, praying a reconsideration
of the proceedings in the contested election between him and John
Brown, the member returned to the Senate from Jefferson county,
and that the same may remain open, and be postponed for the purpose
of allowing him time to take testimony in legal form, beg leave
to submit the following report; That upon the return of the sheriff
of Jefferson county, it appears that the said John Brown is the
person duly elected a Senator for that county; that neither the
constitution of the state, nor any law made in pursuance thereof,
authorize the Senate to go beyond the return of the sheriff in
the investigation of a contested election. Your committee
are further of opinion, that whether the Senate be considered
as a legislative tribunal, or as a court of law, proceeding in
cases of contested elections, they must be bound in the first
point of view by the rules adopted for the government of their
proceedings, and in the second by established law only.
With respect to the point of view in which the Senate have been
considered as a court of equity, as suggested by the memorial,
your committee are of opinion, that, admitting the correctness
of that view, they are as much limited and bound in their proceedings
by strict rules as they would be acting as a merely legal tribunal,
and that an undefined and unlimited latitude of action, would
be no more allowed them than to ordinary courts of equity.
Since then they find that the prayer of the memorialist is not
authorized by any rule of law or equity, and contrary to the rules
adopted for the government of the Senate, they have found no difficulty
in coming to the conclusion, that the Senate, they have found
no difficulty in coming to the conclusion, that the Senate can
take no further cognizance of the contest. To these considerations
may be added the fact, that the committee of privileges and elections
have made a report in this case adverse to the former claim of
the memorialist, and in favour of the person returned; which report
has been adopted by the Senate. Your committee feel as deeply
as it can be felt, the value of the elective franchise; and if
in this case the fact really be, that the memorialist was fairly
elected, they feel as deeply the regret arising out of the insuperable
obstacles which prevent the memorialist from enjoying his right.
But, inasmuch as your com'tee can believe that the value of this
inestimable privilege is better secured by an adherence to such
rules as are clear and indisputable, than by the adoption of new
rules for particular cases, they recommend to the Senate the adoption
of the following resolution: Resolved, That the prayer of the
memorialist is unreasonable, and contrary to law, and ought not
to be granted.

(Signed)
A.P. BAGBY, Chairman.

49

Mr. Bagby moved that
the Senate concur in said report, which was carried- yeas 13-nays
7.

The yeas and nays
being desired, those who voted in the affirmative, are